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Advanced Legal Writing Notes 1

The document discusses the Supreme Court of the Philippines' "Efficient Use of Paper Rule". The rule aims to reduce the judicial system's use of paper in order to save trees and water resources. It establishes formatting requirements for court filings, such as using single spacing and a minimum font size. The rule also mandates that parties submit an electronic copy of filings, in preparation for an eventual paperless e-filing system. It details the number of copies required to be filed for different courts. Finally, the rule discusses punctuation conventions for using quotation marks and commas in legal writing.
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0% found this document useful (0 votes)
116 views

Advanced Legal Writing Notes 1

The document discusses the Supreme Court of the Philippines' "Efficient Use of Paper Rule". The rule aims to reduce the judicial system's use of paper in order to save trees and water resources. It establishes formatting requirements for court filings, such as using single spacing and a minimum font size. The rule also mandates that parties submit an electronic copy of filings, in preparation for an eventual paperless e-filing system. It details the number of copies required to be filed for different courts. Finally, the rule discusses punctuation conventions for using quotation marks and commas in legal writing.
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Xavier University - College of Law

Advanced Legal Writing


Notes #1

EFFICIENT USE OF PAPER RULE


A.M. No. 11-9-4-SC

WHEREAS, to produce 500 reams of paper, twenty trees are cut and 100,000 liters of
water are used, water that is no longer reusable because it is laden with chemicals and is
just released to the environment to poison our rivers and seas;

WHEREAS, there is a need to cut the judicial system's use of excessive quantities of
costly paper, save our forests, avoid landslides, and mitigate the worsening effects of
climate change that the world is experiencing;

WHEREAS, the judiciary can play a big part in saving our trees, conserving precious
water, and helping mother earth.

NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the
following:

SECTION 1. Title of the Rule. — This rule shall be known and cited as the Efficient Use
of Paper Rule.

SECTION 2. ​Applicability. — This rule shall apply to all courts and quasi-judicial
bodies under the administrative supervision of the Supreme Court.

SECTION 3. ​Format and Style. —


a) All pleadings, motions, and similar papers intended for the court and quasi-judicial
body's consideration and action (court-bound papers) shall be written in single space with

DISCLAIMER: ​These notes are simply a compilation of effective writing guidelines from various authors and reference
materials (for the classes’ benefit, considering the pandemic and the current limits to available resources) and are not
owned by the instructor. This should not be reproduced and/or distributed outside of the class, especially for profit.
a one-and-a-half space between paragraphs, using an easily readable font style of the
party's choice, of 14-size font, and on a 13-inch by 8.5-inch white bond paper; and

b) All decisions, resolutions, and orders issued by courts and by quasi-judicial bodies
under the administrative supervision of the Supreme Court shall comply with these
requirements. Similarly covered are the reports submitted to the courts and transcripts of
stenographic notes.

SECTION 4. ​Margins and Prints. — The parties shall maintain the following margins on
all court-bound papers: a left hand margin of 1.5 inches from the edge; an upper margin
of 1.2 inches from the edge; a right hand margin of 1.0 inch from the edge; and a lower
margin of 1.0 inch from the edge. Every page must be consecutively numbered.

SECTION 5. ​Copies to be Filed. — Unless otherwise directed by the court, the number
of court-bound papers that a party is required or desires to file shall be as follows:

a. In the Supreme Court, one original (properly marked) and four copies,
unless the case is referred to the Court En Banc, in which event, the parties
shall file ten additional copies. For the En Banc, the parties need to submit
only two sets of annexes, one attached to the original and an extra copy.
For the Division, the parties need to submit also two sets of annexes, one
attached to the original and an extra copy. All members of the Court shall
share the extra copies of annexes in the interest of economy of paper.

Parties to cases before the Supreme Court are further required, on


voluntary basis for the first six months following the effectivity of this
Rule and compulsorily afterwards unless the period is extended, to submit,
simultaneously with their court-bound papers, soft copies of the same and
their annexes (the latter in PDF format) either by email to the Court's

DISCLAIMER: ​These notes are simply a compilation of effective writing guidelines from various authors and reference
materials (for the classes’ benefit, considering the pandemic and the current limits to available resources) and are not
owned by the instructor. This should not be reproduced and/or distributed outside of the class, especially for profit.
e-mail address or by compact disc (CD). This requirement is in
preparation for the eventual establishment of an e-filing paperless system
in the judiciary;

b. In the Court of Appeals and the Sandiganbayan, one original (properly


marked) and two copies with their annexes;

c. In the Court of Tax Appeals, one original (properly marked) and two
copies with annexes. On appeal to the En Banc, one original (properly
marked) and eight copies with annexes; and

d. In other courts, one original (properly marked) with the stated annexes
attached to it.

SECTION 6. Annexes Served on Adverse Party. — A party required by the rules to


serve a copy of his court-bound paper on the adverse party need not enclose copies of
those annexes that based on the record of the court such party already has in his
possession. In the event a party requests a set of the annexes actually filed with the court,
the party who filed the paper shall comply with the request within five days from receipt.

SECTION 7. ​Date of Effectivity. — This rule shall take effect on January 1, 2013 after
publication in two newspapers of general circulation in the Philippines.

DISCLAIMER: ​These notes are simply a compilation of effective writing guidelines from various authors and reference
materials (for the classes’ benefit, considering the pandemic and the current limits to available resources) and are not
owned by the instructor. This should not be reproduced and/or distributed outside of the class, especially for profit.
RULES OF GRAMMAR ON PUNCTUATIONS AND QUOTATIONS

A. PUNCTUATIONS

1. Period
● When using quotation marks, the period should be placed inside the quotation
marks. This rule works both for single and double quotations.
○ Example: Republic Act No. 6766 is otherwise known as the “Organic Act
for the Cordillera Autonomous Region.”
● When using parentheses or brackets, the period should be placed outside the
parentheses or brackets that enclose a ​phrase​. But the period should be placed
inside the parentheses or brackets that enclose a ​complete sentence.
○ Examples:
a. The lifeblood of livestock farms are the by-products of rice
(rice-bran), coconut (copra meal), and fish (fish meal).
b. The accused threatened the victim and said, ​“Huwag kang
papalag.” ​(Don’t resist.)

2. Comma
● When joining two independent clauses, the comma should be placed before
conjunctions such as ​and, but, or, not, for, yet, so, ​et cetera. If the two
independent clauses are short, however, omit the comma.
○ Example: The company was not found liable for illegal dismissal, but it
was ordered to pay nominal damages for non-compliance with the due
process requirements.
● The comma should be used ​after a transitional word or phrase (except ​and o​ r ​but​),
an introductory phrase (especially a long one), or a subordinate clause that
precedes an independent clause.
○ Examples:

DISCLAIMER: ​These notes are simply a compilation of effective writing guidelines from various authors and reference
materials (for the classes’ benefit, considering the pandemic and the current limits to available resources) and are not
owned by the instructor. This should not be reproduced and/or distributed outside of the class, especially for profit.
a. (Transitional word)
Consequently, the appellant withdrew his appeal.
b. (Introductory sentence)
With respect to the issue of legal standing, the Court rules for the
petitioner.
c. (Subordinate clause)
When the Court determines legislative intent, it looks into the
records of the legislative proceedings.
● In a series of three or more items, the comma should be placed between all items
with the final comma ​before the conjunction ​and o​ r ​or t​ hat concludes the series.
This is also known as the Oxford comma.
○ Examples:
a. The probate court ordered the administrator to submit the probable
value of the decedent’s condominiums, houses, townhouses, and
buildings.
b. An employee may be charged with dishonesty, oppression, or
grave misconduct.
c. Defendant moved to strike out the testimony of the witness,
requested leave to file a memorandum, and asked the court for
continuance.
● A pair of commas may be used to off a parenthetical element that has a close
logical and syntactic relation to the rest of the sentence.
○ Examples:
a. A lawyer, who is an officer of the court, is expected to observe the
highest of ethical standards.
b. The crime allegedly committed, estafa as defined in the Revised
Penal Code, is one of the most frequently committed felonies.

● Use a comma to separate adjectives that each qualify a noun in parallel fashion,

DISCLAIMER: ​These notes are simply a compilation of effective writing guidelines from various authors and reference
materials (for the classes’ benefit, considering the pandemic and the current limits to available resources) and are not
owned by the instructor. This should not be reproduced and/or distributed outside of the class, especially for profit.
that is, when the word ​and could appear between the adjectives without changing
the meaning of the sentence, or it is possible to reverse the order of adjectives
without affecting meaning.
○ Example: The accused gave an improbable, unconvincing alibi.
● Do not use a comma between cumulative adjectives, ​i.e.,​ those that do not modify
the noun separately. Adjectives are cumulative if they cannot be connected with
the word ​and.
○ Example: Five burly men barged into the premises.
● Place a comma before ​Jr. a​ nd ​Sr.​ but not before ​II ​and ​III.
○ Examples:
a. Juan dela Cruz, Jr.
b. Juan dela Cruz III

3. Semicolon
● Use a semicolon to unite two short and closely connected sentences.
○ Examples:
a. There was no attempt to recognize the child; it would have been
fruitless.
b. It was Christmas; furthermore, it was his birthday.
● Use a semicolon to substitute for the comma in a complex series when internal
commas obscure the main divisions of any series.
○ Example: The plaintiffs are Juan Santos of Iba, Zambales; Ricardo Castro
of Virac, Catanduanes; Miguel Cruz of Makati City; and Maria Cruz of
Malolos, Bulacan.

4. Colon
● Use a colon to link two clauses or phrases when you need to indicate a step
forward from the first to the second, as when the second part explains the first part
or provides an example.

DISCLAIMER: ​These notes are simply a compilation of effective writing guidelines from various authors and reference
materials (for the classes’ benefit, considering the pandemic and the current limits to available resources) and are not
owned by the instructor. This should not be reproduced and/or distributed outside of the class, especially for profit.
○ Example: An accused is presumed innocent: the burden rests on the
prosecution to prove otherwise.
● Use a colon to introduce a wholly self-contained quotation, especially a long one.
○ Example:
In ​Moya v. Del Fierro, t​ he Supreme Court held:
As long as popular government is an end to be achieved and
safeguarded, suffrage, whatever may be the modality and form
devised, must continue to be the means by which the reservoir of
power must be emptied into the receptacular agencies wrought by
the people through their Constitution in the interest of good
government and the common weal.
● Do not put a colon between (a) a verb and its object, (b) a verb and the rest of the
sentence, and (c) a preposition and its object.
○ Examples:
a. We must subpoena Cruz, Santos, and Reyes. (​✓​)
We must subpoena: Cruz, Santos, and Reyes. (​✘​)
b. The order of the judge is to subpoena Cruz, Santos, and Reyes.
(​✓​)
The order of the judge is: to subpoena Cruz, Santos, and Reyes.
(​✘​)
c. We must serve a subpoena on Cruz, Santos, and Reyes. (​✓​)
We must serve a subpoena on: Cruz, Santos, and Reyes. (​✘​)

5. Parentheses
● Use parentheses sparingly, like when enclosing explanations and other
interruptions.
○ Example: Where the accused killed his spouse under exceptional
circumstances (while in the act of sexual intercourse with another man),
the penalty is ​destierro.

DISCLAIMER: ​These notes are simply a compilation of effective writing guidelines from various authors and reference
materials (for the classes’ benefit, considering the pandemic and the current limits to available resources) and are not
owned by the instructor. This should not be reproduced and/or distributed outside of the class, especially for profit.
6. Apostrophe
● Form the possessive case of nouns by adding an apostrophe and s ​(’s)​; however,
for plural nouns ending in s, simply add an apostrophe.
○ Examples:
a. Woman’s
b. Children’s
c. Harness’s
d. Witnesses’
● To show ​joint possession, use ’s or ’ with the last noun only; to show ​individual
possession, make all nouns possessive.
○ Examples:
a. Juan and Maria’s new car bumped into the pink fence.
b. Juan’s and Maria’s cars are insured.
● Use ’s to pluralize words used as words and letters used as letters.
○ Examples:
a. The ​no’s h​ ave it.
b. Their seats were marked with large ​J’s​.

7. Hyphen
● The hyphen may be used with compound words when necessary to prevent
ambiguity or to connect parts of a phrasal adjective, ​i.e.,​ a phrase which modifies
a noun.
○ Examples:
a. (Compound word)
She is a brilliant decision-maker. (​✓​)
She is a brilliant decision maker. (​✘​)
b. (Phrasal adjectives)
The investigator made an up-to-date report on the activities of the

DISCLAIMER: ​These notes are simply a compilation of effective writing guidelines from various authors and reference
materials (for the classes’ benefit, considering the pandemic and the current limits to available resources) and are not
owned by the instructor. This should not be reproduced and/or distributed outside of the class, especially for profit.
common-law husband. (​✓​)
The investigator made an up to date report on the activities of the
common law husband. (​✘​)

● Hyphenate abbreviations used as part of modifiers.


○ Example: XU-trained lawyers
● Hyphenate a suffix or prefix where it joins an abbreviation.
○ Example: Anti-COVID measure
● Do not use a hyphen after a prefix ​unless:
1) The solid form might be confusing (e.g. anti-immigrant),
2) The primary word is capitalized, as when it is a proper noun (e.g.
pro-Filipino), or
3) The unhyphenated form has a different meaning (e.g. prejudicial vs.
pre-judicial)

8. Em-dash (or long dash)


● Use an em-dash to tack on an important afterthought.
○ Example: The ordinance does not bear the imprimatur of the city mayor —
a statutory requirement.
● Do not use more than two em-dashes in the same sentence.

9. En-dash (or short dash)


● Use an en-dash as an equivalent of ​to ​(as when showing a span of pages), to
express tension or difference, or to denote a pairing in which the elements carry
equal weight.
○ Example: 101-10
hot-cold treatment
lessor-lessee relationship

DISCLAIMER: ​These notes are simply a compilation of effective writing guidelines from various authors and reference
materials (for the classes’ benefit, considering the pandemic and the current limits to available resources) and are not
owned by the instructor. This should not be reproduced and/or distributed outside of the class, especially for profit.
References:
Efficient Use of Paper Rule,​ A.M. No. 11-9-4-SC (Resolution), November 13, 2012.
Manual of Judicial Writing, at 19-26 (2005).

DISCLAIMER: ​These notes are simply a compilation of effective writing guidelines from various authors and reference
materials (for the classes’ benefit, considering the pandemic and the current limits to available resources) and are not
owned by the instructor. This should not be reproduced and/or distributed outside of the class, especially for profit.

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